Specific Relief Act, 1963, Section 38 -- Suit for permanent prohibitory injunction - Plaintiffs stated that they along with defendant and other co-sharers are joint owners in possession of suit land - However, admission made by DW4 and statements of PWs, defendant and other co-sharer nowhere suggest that suit land is still joint amongst parties - Rather, sale deed which..........
Civil Procedure Code, 1908, Section 75 -- Commission - Court can issue a commission for the purpose of : (a) to examine any person; (b) to make a local investigation; (c) to examine or adjust accounts; (d) to make a partition; (e) to hold a scientific, technical, or expert investigation; (f) to conduct sale of property which is subject to speedy and natural decay and which..........
Civil Procedure Code, 1908, Section 96 -- Appeal - Partition suit - Decree in favour of plaintiff and defendant nos. 3 to 9 - Appeal filed by defendant No.2 - No cross-objection or separate appeal filed by plaintiff and defendant nos. 3 to 9 - Appellate Court cannot grant larger relief in favour of plaintiffs, which were not granted by trial Court, particularly when no..........
Civil Procedure Code, 1908, Order 20, Rule 18(ii) -- Preliminary decree - Partition suit - Passing of preliminary decree U.O.20.R.18(ii) CPC is not mandatory in each and every case - It is only in cases where Court comes to conclusion that if partition or division of property cannot conveniently be made without further enquiry, a preliminary decree is required to be made...........
Civil Procedure Code, 1908, Order 20, Rule 18(ii) -- Final decree - Auction sale - Partition suit - Property is indivisible as per shares allotted in preliminary decree - Preliminary decree itself could have been made as a final decree - Trial Court rightly allowed application of plaintiff for conducting auction so as to distribute sale proceeds as per respective shares..........
Co-sharer -- Sale of property by one co-owners - Purchaser put in possession of a specific portion - Raising of construction by purchaser - Suit for injunction does not lie - Remedy is to file suit for partition - Sale of land by a co-sharer of property which is in his exclusive possession is subject to adjustment at the time of partition - Raising construction or..........
Limitation Act, 1963, Article 113 -- Limitation - Claim of absolute ownership by defendant - Partition suit - Plaintiff in 1980 relinquished his title over suit property - Suit for partition was filed by plaintiff in 2004 - Defendant did not make any attempt within three years from registration of said deed of sale or within period of limitation from date of declaration..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Dispute between family members of one family relating to partition of ancestral property - Sudden fight between parties - There was no premeditation on part of accused and act was done in a heat of passion - It is not the case of prosecution that accused has taken any undue advantage or acted in a..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Joint property - Suit for declaration without filing suit for partition in respect to undivided property is not maintainable...........
Partition deed -- Validity - Karta not signed the partition deed - Partition deed thus, cannot be proved to be executed by Karta...........
